Insurance Coverage and Bad Faith
Success in disputes over whether a claim or risk is covered by an insurance policy frequently depends not only on the subtlety of language within a labyrinthine insurance policy form, but also exercising attention to detail, knowing of specific rules for insurance contracts, and knowing where to focus discovery. Jason has represented both insurers and policyholders in disputes over insurance coverage. Litigating coverage issues from both sides has given him a distinct appreciation for the myriad ways that state statutes, regulations, and common law principles affect the insurer-insured relationship in the context of litigation.
Jason has both written coverage opinions and prosecuted declaratory judgment actions on behalf of insurers of local governments in Kentucky. On the other hand, Jason has represented public- and private sector policyholder clients who believe that they have been wrongfully denied coverage to which they are entitled.
Jason has litigated coverage disputes involving Products Liability / Completed Operations forms, General Liability forms, Public Officials Liability forms, and Law Enforcement Liability Forms. His representative insurance and bad faith engagements include the following:
- Representation of insured in federal coverage litigation to determine coverage obligations under two consecutive claims-made-and-reported policies with “related claims” provision.
- Representation of insured in federal declaratory judgment action filed by excess insurer involving multiple coverage defenses and rescission.
- Representation of insured public entity in coverage litigation involving public officials liability form and claims relating to construction project.
- Representation of police department and officers in coverage litigation involving law enforcement liability and general liability forms relating to claims of DNA exoneree.
- Representation of insurer in declaratory judgment action seeking declaration that independent contractor of local government was not an insured entitled to coverage for wrongful death claim.
- Representation of insurer in declaratory judgment action seeking declaration that individual member of local government agency was acting beyond the scope of his duties for the agency and was not entitled to coverage for personal injury claim.
- Advising policyholder in seeking coverage for third party claim under General Liability form and excess policy.